Are Pepper Guns Legal in TX?

[WildRose]

I surmised that you live in Texas, but you probably spend most of your time in the city and county where you live and work.
Talking with local law enforcement officials could give you a better idea of whether or not to expect trouble over pepper spray.

Thanks will do! I'll post the outcome in a month or so.

While I understand your reasoning for not carrying it is highly flawed.

First and foremost there's no completely reliable "non lethal" alternative to firearms which is why officers are instructed to never use them unless they have accompanying officers that can give them lethal coverage with a firearm.

You don't need to live in a "bad" city or neighborhood to be victimized by violent felons. Most home invasions not related to the drug business occur in middle class and upscale neighborhoods, not "Inda Hood". Burglary and theft for profit are much more "profitable" in good neighborhoods and in shopping centers/malls with high end clientele.

Taking a human life is without a doubt something that should never be approached lightly but betting your life on "non lethal alternatives" is a great way to end up in the morgue.

Spend some time on Youtube searching for things like "OC Spray Fail", "Pepper Spray Fail", "Fail" videos so you can approach your self defense thinking much better informed.

[bakertaylor28]

Since we are on the topic of vague "illegal" weapons: What is a bowie knife? I also recently bought a 9.25 total length knife (the Ka-bar 1258). I read the TX penal code and thought I was in the clear, but a friend pointed out the ambiguousness of a "bowie knife."

Actually, a "Bowie Knife" has a typical accepted definition- "a long knife with a blade double-edged at the point." Where the statute doesn't give a specific definition, terms get their ordinary definition in the dictionary. This is a common law rule imposed by the U.S. Supreme Court in criminal law.

Bowie knives, etc, are now legal. There are no more restrictions, on knives, except in certain places, schools, etc.

I believe that double edged daggers remain an unlawful weapon along with gravity assisted and switch blades. Anything resembling a "hunting knife" or Bowie however is now without restriction.

House Bill 1935 from the last session removed all restrictions on blades. There are only "location restricted knives", which are prohibited in certain places.
https://legiscan.com/TX/text/HB1935/id/1624843

Ahh, I missed that. Thanks.

Here's a good article laying it all out for anyone else.

https://knifeup.com/texas-knife-laws/

But there are also the federal knife laws, which still prohibit civilian possession of automatic blades of any kind.

That is a myth. https://www.akti.org/federal-switchblade-act/

The only United States law regarding auto-open (automatic) knives is referred to as the Federal Switchblade Act. The act regulates the manufacture and introducing of switchblades into interstate (crossing state lines) commerce. It has NO application to individual consumers, or most merchants who sell knives. It has NO application to laws WITHIN a state.

Actually, its not implausible that a citizen could be charged under that law - when you properly understand the interstate commerce clause, combined with the concept of criminal conspiracy. All the prosecutor has to prove is that you AGREED with another to transfer the device across a state line at ANY POINT after it's manufacture, and prove that you in some way did a material act in furtherance of that agreement. Those are the only two elements needed to charge conspiracy. Plus, violating state law can be charged as a federal offense under certain circumstances - e.g. 18 U.S.C. Section 13, for example.

[Pawpaw]

But there are also the federal knife laws, which still prohibit civilian possession of automatic blades of any kind.

That is a myth. https://www.akti.org/federal-switchblade-act/

The only United States law regarding auto-open (automatic) knives is referred to as the Federal Switchblade Act. The act regulates the manufacture and introducing of switchblades into interstate (crossing state lines) commerce. It has NO application to individual consumers, or most merchants who sell knives. It has NO application to laws WITHIN a state.

Actually, its not implausible that a citizen could be charged under that law - when you properly understand the interstate commerce clause, combined with the concept of criminal conspiracy. All the prosecutor has to prove is that you AGREED with another to transfer the device across a state line at ANY POINT after it's manufacture, and prove that you in some way did a material act in furtherance of that agreement. Those are the only two elements needed to charge conspiracy. Plus, violating state law can be charged as a federal offense under certain circumstances - e.g. 18 U.S.C. Section 13, for example.

That is not even remotely related to your statement in red above.

[apostate]

Don't confuse him with the facts.

[Soccerdad1995]

Don't confuse him with the facts.

Most people have a hard time admitting when they are wrong. It is human nature to defend your position regardless of the evidence presented against it. That's why I have great respect for people who have risen to a point where they are able to simply say "oh, I see that I was wrong about that" and move on with their day. It truly is a rare trait.

Just look at the latest comments from Hillary Clinton (former Secretary of State, Former First Lady, Former relevant politician) for a very prominent example of this phenomenon.